Mariya Vijay v. State Rep.By

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 03.12.2019

CORAM

THE HONOURABLE Mr.JUSTICE P.RAJAMANICKAM CRL.O.P.No.32616 of 2019 S. Mariya Vijay ... Petitioner Vs.

State Rep. By Sub Inspector of Police, Manimangalam Police Station, (Crime No. 203 of 2019)

...Respondent

PRAYER: Criminal Original Petition filed under Section 482 of the Code of Criminal Procedure, to modify the order passed in Crl. M.P.No. 5473 of 2019 by the Court of the Principal District and Sessions Judge, Kancheepuram District at Chengalpattu by modifying the conditions No.1 to deposit a sum of Rs.1,00,000/- before the Jurisdictional Tahsildar concerned to the credit of the District Mines and Minerals Foundation Trust as Nonrefundable deposit and No.2 the direction to execute a bond for Rs.1,00,000/- with two sureties each for a like sum to the satisfaction of Judicial Magistrate, Tambaram. For Petitioner : Mr.R.Kannan For Mr.P.Naresh Kumar For Respondent : Mr.M.Mohamed Riyaz Additional Public Prosecutor

O R D E R

This petition has been filed to modify the order passed in Crl. M.P.No. 5473 of 2019 by the Court of the Principal District and Sessions Judge, Kancheepuram District at Chengalpattu by modifying the conditions No.1 to deposit a sum of Rs.1,00,000/- before the Jurisdictional Tahsildar concerned to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit and No.2 the direction to execute a bond for Rs.1,00,000/- with two sureties each for a like sum to the satisfaction of Judicial Magistrate, Tambaram. 1/3

2. The learned counsel for the petitioner submitted that, the petitioner unable to comply with the conditions imposed by the trial court, since the amount to be deposited is much heavier than the value of the vehicle seized. Hence, he has filed the present petition with the aforesaid prayer.

3. Heard the learned counsel for the petitioner and the learned Additional Public Prosecutor for the respondent Police. 4.In view of the submission made by the learned counsel for the petitioner, this Court is inclined to modify the condition as given below, (1)The petitioner is directed to execute a bond for a sum of Rs.10,000/- (ten thousand only) with two sureties each for a like sum to the satisfaction of the Judicial Magistrate Tambaram.

(2) The petitioner is directed to deposit a sum of Rs.10,000/- before the Jurisdictional Tahsildar concerned to the credit of the District Mines and Minerals Foundation Trust as Non-refundable deposit.

5. With the above modification, this Criminal Original Petition is modified.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar To 1.The Principal District & Sessions Judge, Kancheepuram.

2.The Sub Inspector of Police, Manimangalam Police Station.

3.The Judicial Magistrate, Tambaram.

4. The Tahsildar, Tambaram.

5.The District Mines and Minerals Foundation Trust, Kancheepuram.

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6.The Public Prosecutor, Madras High Court, Chennai.

+1cc to Mr.R.Kannan, Advocate sr.100585 CRL.O.P.No.32616 of 2019 kk(co) nr 11.12.2019 3/3